No EEO-1 Collection In 2020 Due To COVID-19
On May 7, 2020, the Equal Employment Opportunity Commission (“EEOC”) announced that it will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection until 2021. It will similarly delay the 2020 EEO-3 (Local Union Report) and EEO-5 (Elementary-Secondary Education Staff Information Report).
The EEOC instituted the delay due to the impact COVID-19 is having on workplaces, and for consistency with other delays in Federal reporting requirements from other government agencies.
In January 2020, the EEOC announced that it was seeking approval under the Paperwork Reduction Act for the use of the EEO-1 survey for 2019, 2020, and 2021. It therefore delayed the opening of the portal for the 2019 EEO-1 survey (and its original March 31, 2020 due date) pending such approval. It further announced it was seeking approval only of the Component 1 portion of the survey, and that it would discontinue the collection of Component 2 compensation data.
Those of you who have submitted EEO-1 reports for several years will likely view this changing timeline in stride, as the EEOC has adjusted the timelines significantly over the last few years. If you remember, until a few years ago, EEO-1 reports were due on September 30 of each calendar year, and required employers to report the demographics of a “snapshot” of a covered employer’s workforce from that same year.
When the EEOC introduced the Component 2 pay data requirement, however, the EEOC changed the filing deadline to March 31 of the next year. This change required employers to report on compensation from the last quarter of one year (e.g., 2018), in the following year (e.g., 2019).
The newly announced delay now requires employers to submit demographic information from its 2019 and 2020 workforce snapshots by March 31, 2021. The EEOC will notify filers of the precise date the surveys will open as soon as it is available.
Moving forward, employers should consider whether to proactively prepare their 2019 demographic data now, or wait and gather the data in early 2021. In making such a decision, employers should consider whether their HRIS systems are able to gather such information retroactively. If there is any doubt, we recommend gathering the information now.